Case Reports

A company which operates a nightclub in Dublin has successfully argued that it is entitled to set-off €52,000 owed to a security firm, in circumstances where the firm gave an indemnity for personal injury claims arising from acts, negligence, or failures in its provision of security services. I

A man who pleaded guilty shortly before trial to offences of attempted murder, criminal damage, and resisting police, has had his sentence for attempted murder increased after the Northern Ireland Court of Appeal agreed with the Director of Public Prosecutions that the initial sentence was unduly le

A dissident republican who was caught planting a bomb under a police officer’s car in 2015 has been sentenced to 25 years for the attempted murder of two police officers, together with a concurrent sentence of 20 years for possession of explosives with intent to endanger life. Sitting in Belfa

Dún Laoghaire Rathdown County Council have been granted an order restraining a man from issuing further proceedings against it or its employees without permission from the President of the High Court. Describing some of the man’s actions as “subtle if not overt intimidation-type t

Pearse Jordan’s mother has successfully appealed the decision of the Court of Appeal to order a stay on her application for damages for the state’s failure to carry out a prompt investigation into the circumstances of her son’s death, in violation of Article 2 ECHR. Finding that th

Denis O’Brien has lost his appeal to the Supreme Court over a decision of the Committee on Procedures and Privileges (CPP) which was in relation to statements made in the Dáil. Finding that granting relief in the circumstances would amount to a collateral challenge to the statements, Mr

A man who has been accused of sexually abusing his sisters between 1974 and 1985 has been granted an order prohibiting the Director Of Public Prosecutions from further prosecuting him in relation to the alleged offences. Finding that the lapse of time, together with the death of potential witnesses

The Medical Council has lost an application to have an application under section 76 of the Medical Practitioners Act 2007 heard in camera. Emphasising the importance in having an open hearing, Mr Justice Peter Kelly, President of the High Court said that he would direct that the s.76 hearing proceed

A teacher who was dismissed from a boarding school after an incident with a student who complained that the teacher had tried to remove his trousers has failed in his action to restrain the Teaching Council of Ireland from notifying the National Vetting Bureau of their concerns. In applying for a pe

The separation of powers principle does not preclude the courts from considering a case brought by a private individual against members of the Public Accounts Committee, the Supreme Court has ruled. The Court held that the PAC acted "significantly outside its terms of reference" in its treatment of

The widow of murdered Belfast solicitor Pat Finucane has been granted a declaration that the state has failed to deliver an Article 2 compliant investigation into the death of her husband, who was shot and killed by loyalist paramilitaries in collusion with the UK security forces. In a unanimous jud

Barrister Seán Guerin has lost an appeal against the declarations made in the Court of Appeal, which held that his conclusions about Alan Shatter in the Guerin Report were in breach of fair procedures and outside the scope of the report. Emphasising that the Supreme Court was "far from being

A man who brought a claim for personal injuries against a taxi driver who drove over his foot has had his claim dismissed in the High Court. Concluding that it was clear from CCTV evidence that the man was the aggressor in a fight which resulted in him falling beside the back wheel of the taxi, and

The former chief executive of Irish Life & Permanent, who was found guilty of conspiracy to defraud, has lost an appeal against his conviction. Explaining the parameters of the defence of “officially induced error”, Mr Justice Peter Charleton found nothing in the evidence to sup

The definition of secured debt advanced by a Personal Insolvency Practitioner in the High Court clearly did not work when read in the context of the Insolvency Act 2012 as a whole. Stating that Personal Insolvency Practitioners were not required to “work miracles” to protect a debtor's p